64Exemptions

64 Exemptions

(1) A person, or a representative of a class of persons, may apply to the Competent Authority for an exemption from compliance with a provision of the {subordinate law} in relation to the transport of particular dangerous goods. (32) (2) The Competent Authority may, on its own initiative or on application under subsection (1), exempt a person or class of persons from compliance with a provision of the {subordinate law} in relation to the transport of particular dangerous goods if the Competent Authority is satisfied that: (a) it is not reasonably practicable for the person or class of persons to comply with the provision; and (b) granting the exemption: (i) would not be likely to create a risk of death or injury to a person, or harm to the environment or to property, greater than that which would be the case if the person or class of persons were required to comply; and (ii) would not cause unnecessary administrative or enforcement difficulties, particularly with respect to maintaining national uniformity of road and rail transport laws. (32) (3) An exemption may be subject to conditions, including a condition that it applies to either or both of the following: (a) the transport of dangerous goods by road; (b) the transport of dangerous goods by rail. (new +32) (4) If the Competent Authority grants an exemption to a person, the Competent Authority must send a notice to the person stating: (a) the provisions of the {subordinate law} that are the subject of the exemption; and (b) the dangerous goods to which the exemption applies; and (c) the period of time for which the exemption remains in force; and (d) the conditions to which the exemption is subject; and (e) the geographical area for which the exemption is valid. (32) (5) If the Competent Authority: (a) grants an exemption to a class of persons; or (b) grants an exemption that is to remain in force for longer than 6 months; the Competent Authority must place a notice in the Government Gazette specifying all the details in subsection (4) and the person or class of persons to which the exemption applies. (32) (6) A person operating under an exemption must comply with any condition subject to which the exemption was granted. (32)

Offence provision. (32)

(7) If an exemption is granted to a person, and the exemption applies to a vehicle or to premises, the person must keep a copy of the notice of exemption in the vehicle or premises. (32) (8) If the Competent Authority: (a) grants an exemption to a class of persons; or (b) grants an exemption that is to remain in force for longer than 6 months; the Competent Authority must notify the Competent Authority of each other State and Territory of the details of the exemption. (32)